This is the next part of the Outline.

J.

Pre-trial

1.

Concept of pre-trial

2.

Nature and purpose

3.

Notice of pre-trial

4.

Appearance of parties; effect of failure to appear

5.

Pre-trial brief; effect of failure to appear

6.

Distinction between pre-trial in civil case and pre-trial in criminal case

7.

Alternative Dispute Resolution (ADR)

Rule 18, Rules of Court

Read: Herrera, Remedial Law Vol. 1, pp. 1074-1115

A.M. No. 03-1-09-SC, August 16, 2004

A.M. No. 12-8-8-SC or Judicial Affidavit Rule

A.M. No. 14-03-02-SC (Piloting of a New System for Speedy Court Trial), Rule 22 on
Preliminary Conference

Sec. 13 (a) and (b), A.M. No. 02-11-10-SC

Sec. 10 (1) and (2), A.M. No. 02-11-11-SC

RA 876

RA 9285

Paredes v. Verano, G.R. No. 164375, October 12, 2006, 504 SCRA 264

Aguilar v. Lightbringers Credit Cooperative, G.R. No. 209605, January 12, 2015

Chan Kent v. Micaraez, 645 SCRA 176

K.

Intervention

1.

Requisites for intervention

2.

Time to intervene

3.

Remedy for the denial of motion to intervene

Rule 19, Rules of Court

Read: Herrera, Remedial Law Vol. 1, pp. 1116-1136

Virra Mall Tenants Association Inc. v. Virra Mall Greenhills Association Inc., 658 SCRA 728

Pinlac v. CA, G.R. No. 91486, September 10, 2003

Otto Gmur Inc. v. Revilla, 55 Phil. 627

Saw v. Court of Appeals, 195 SCRA 170

L.

Calendar of cases and Computation of Period

Rule 20, Rules of Court

Rule 22, Rules of Court

Read: Herrera, Remedial Law Vol. 1, pp. 1137-1144

Read: Herrera, Remedial Law Vol. 1, pp. 1155-1161

M.

Subpoena

1.

Subpoena duces tecum

2.

Subpoena ad testificandum

3.

Service of subpoena

4.

Compelling attendance of witnesses; contempt

5.

Quashing of subpoena

Rule 21, Rules of Court

Read: Herrera, Remedial Law Vol. 1, pp. 1145-1154

Chan v. Chan, G.R. No. 179786, July 24, 2013

People v. Montejo, L-24154, October 31, 1967

Yu v. Court of Appeals, G.R. No. 154115, November 29, 2005

Autographics Inc. v. CA, 224 SCRA 198

N.

Modes of discovery

1.

Depositions pending action; depositions before action or pending appeal

a)

Meaning of deposition

b)

Uses; scope of examination

c)

When may objections to admissibility be made

d)

When may taking of deposition be terminated or its scope limited

2.

Written interrogatories to adverse parties

a)

Consequences of refusal to answer

b)

Effect of failure to serve written interrogatories

Spouses Afulugencia v. Metrobank, G.R. No. 185145, February 5, 2014

Pajarillaga v. Court of Appeals, G.R. No. 163515, October 31, 2008

Rosete v. Lim, G.R. No. 136051, June 8, 2006

Cokaliong Shipping Lines, Inc. v. UCPB General Insurance Co. Inc., G.R. No. 146018, June
25, 2003

Dulay v. Dulay, G.R. No. 158857, November 11, 2005

Republic v. Sandiganbayan (Africa), G.R. No. 152375, December 16, 2011

Ayala Land Inc. v. Judge Tagle, G.R. No. 153667, August 11, 2005

San Luis v. Rojas, G.R. No. 159127, March 3, 2008, 547 SCRA 345

3.

Request for admission

a)

Implied admission by adverse party

b)

Consequences of failure to answer request for admission

c)

Effect of admission

d)

Effect of failure to file and serve request for admission

4.

Production or inspection of documents or things

5.

Physical and mental examination of persons

6.

Consequences of refusal to comply with modes of discovery

7.

Compare with modes of discovery available in criminal cases

Rules 23, 24, 25, 26, 27, 28 and 29, Rules of Court

Read: Herrera, Remedial Law Vol. II, 2006 Ed., pp. 1-77

Agustin v. CA, June 15, 2005

Herrera v. Alba, June 15, 2005

Compare with Criminal Procedure: See Sec. 3 (b), 2nd paragraph, Rule 112

See also Secs. 13 and 15, Rule 119

O.

Trial

1.

Adjournments and postponements

2.

Requisites of motion to postpone trial

a)

For absence of evidence

b)

For illness of party or counsel

3.

Agreed statement of facts

4.

Order of trial; reversal of order

5.

Consolidation or severance of hearing or trial

6.

Delegation of reception of evidence

7.

Trial by commissioners

a)

Reference by consent or ordered on motion

b)

Powers of the commissioner

c)

Commissioners report; notice to parties and hearing on the report

Rule 30, Rules of Court

Rule 31, Rules of Court

Rule 32, Rules of Court

Read: Herrera, Remedial Law Vol. II, pp. 78-95

Read: Herrera, Remedial Law Vol. II, pp. 96-102

Read: Herrera, Remedial Law Vol. II, pp. 103-109

A.M. No. 14-03-02-SC (Piloting of a New System for Speedy Court Trial), Rule 24 on Trial
of Issues

Yu v. Basilio Magno Construction, G.R. No. 138701-02, October 17, 2006

Republic v. Sandiganbayan, G.R. No. 152375, December 13, 2011, 662 SCRA 152

What if the cases are before different courts sitting in different jurisdictions, is
consolidation possible? See Delta Motors Sales Corp. v. Mangosing, 70 SCRA 598; Superlines
Transportation Co. v. Victor, 124 SCRA 939; Vallacar Transit v. Yap, 126 SCRA 500

Metrobank v. Sandoval, G.R. No. 169677, February 18, 2013

P.

Demurrer to evidence

1.

Ground

2.

Effect of denial

3.

Effect of grant

4.

Waiver of right to present evidence

5.

Demurrer to evidence in a civil case versus demurrer to evidence in a criminal case

Rule 33, Rules of Court

Read: Herrera, Remedial Law Vol. II, pp. 110-112

See Rule 119, Sec. 23

Q.

Judgments and final orders

1.

Judgment without trial

2.

Contents of a judgment

3.

Judgment on the pleadings

4.

Summary judgments

a)

For the claimant

b)

For the defendant

c)

When the case not fully adjudicated

d)

Affidavits and attachments

5.

Judgment on the pleadings versus summary judgments

6.

Rendition of judgments and final orders

7.

Entry of judgment and final order

Rule 34, Rules of Court

Rule 35, Rules of Court

Rule 36, Rules of Court

Read: Herrera, Remedial Law Vol. II, pp. 113-117, 118-138, 139-2003

Estrada v. Consolacion, 71 SCRA 523

Republic v. Sandiganbayan, 406 SCRA 190

Bank of Philippine Islands v. Yu, January 20, 2010

Estate of Lim Cheng v. Bacala, March 14, 2007

Heirs of Nicolas S. Cabigas v. Limbaco, 654 SCRA 643

Basbas v. Sayson, 656 SCRA 151

Fernando v. Santamaria, December 10, 2004

Biraogo v. Nograles and Limkaichong, 594 SCRA 434

Agoy v. Araneta Center Inc., G.R. 196358, March 21, 2012, 668 SCRA 883

GSIS v. Prudential Guarantee and Assurance Inc., G.R. No. 165585, November 20, 2013

Olivarez Realty Corp. v. Castillo, G.R. No. 196251, July 9, 2014

Philippine National Bank v. San Miguel Corp., G.R. No. 186063, January 15, 2014

Philippine Business Bank v. Chua, G.R. No. 178899, November 15, 2010

Philippine Womans Christian Temperance Union Inc. v. Teodoro R. Yangco Foundation,

Inc., G.R. No. 199595, April 2, 201

R.

Post-judgment remedies

1.

Motion for new trial or reconsideration

a)

Grounds

b)

When to file

c)

Denial of the motion; effect

d)

Grant of the motion; effect

e)

Remedy when motion is denied, fresh 15-day period rule

f)

Compare with Motion for New Trial or Reconsideration in Criminal cases

Rule 37, Rules of Court

See Rule 121

Read: Herrera, Remedial Law Vol. II, pp. 204-246

Legarda v. Court of Appeals, G.R. No. 94457, Decision dated March 18, 1991; Resolution
dated June 10, 1992; Resolution dated October 16, 1997

Custodio v. Sandiganbayan, G.R. No. 96027-28, March 8, 2005, 453 SCRA 24

San Juan Jr. v. Judge Cruz, G.R. No. 167321, July 31, 2006; Republic v. Sandiganbayan,
G.R. No. 152375, December 13, 2011, 662 SCRA 152

Antonio v. Register of Deeds of Makati City, June 20, 2012